The Tribunal Reforms Bill, 2021 which replaces the earlier Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, was recently introduced in the Parliament. The Bill has been subsequently passed by the Parliament. The Bill has led to an abolition of 5 appellate Tribunals and has also brought about changes to the terms of service of the officials of the Tribunals. The cases pending before the abolished Tribunals would be transferred to the concerned High Court or commercial civil courts. The transfer of cases to these Courts would increase the backlog of cases in the Courts.

Furthermore, since the appellate Tribunals dealt with certain particular types of cases, they had specialisation in dealing with such cases which would not be possible in the case of regular courts. While the High Courts may take the advice of specialists while deciding matters, it would certainly lead to a delay in deciding cases.

The Tribunals Reforms Act, 2021 provides that persons below the age of 50 cannot be appointed to the Tribunals. Considering the pending vacancies in the various Tribunals, this provision may lead to a further delay in filling up of vacant posts. Such vacancies weaken the Tribunals and lead to an excessive backlog of cases.   

The Bill lowers the tenure of the Chairperson of the Tribunals to 4 years or toll the Chairperson attains the age of 70 years, whichever is earlier. Furthermore, the Bill envisages the creation of a selection committee for making recommendations to the Central Government for the appointment of Chairperson and members of the Tribunals. Since the Bill requires the Selection Committee to recommend a two-member panel to the Central Government and the Central Government is empowered to decide on the recommendations of the Selection Committee, it might be considered to be a violation of the principle of separation of powers between the Legislative and Judiciary. The Bill provides that the Central Government must decide, preferably within three months, whether to accept the recommendation of the Selection Committee or not.

However, the fate of this Act is unclear as the Supreme Court has asked the Government to produce material reasons for introducing this Bill. The Court has also expressed its dissatisfaction over the lack of Parliamentary discussion over the Bill. Furthermore, the Supreme Court pointed out the delay in making appointments to the various vacant posts in the tribunals. In the case of Madras Bar Association Vs Union of India had quashed certain provisions of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020. The quashed provisions included the 4-year tenure for the officials of the Tribunals and the setting of the minimum age of 50 for appointment to Tribunals. These provisions have been re-enacted in the Tribunal Reforms Bill, 2021. Resultantly, the Supreme Court has expressed its discontent over the provisions of the Bill. Thus, in the absence of any reasonable justification for the re-enactment of these provisions, the apex court may again quash such provisions. 

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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